Bakersfield Municipal Code Ch. 9.18 Display of Narcotic and Drug Paraphernalia

Sections: 9.18.010 Definitions. 9.18.020 Sale and display rooms. 9.18.030 Prohibition of minors. 9.18.035 Record of sales. 9.18.040 Nuisance—Additional remedy.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A. “Minor” is defined as a person under the age of eighteen years.

B. “Narcotic and/or drug paraphernalia” is defined as any device, contrivance, instrument or apparatus designed or marketed for the use for smoking or injecting, ingesting, or consuming marijuana, hashish, PCP or any controlled substance, as defined in the Health and Safety Code of the state, including roach clips and cigarette papers and rollers designed or marketed for the use for the smoking of the foregoing. Narcotic and drug paraphernalia, as used in this chapter, does not include prescription drugs and devices to ingest or inject prescription drugs. (Ord. 2724 § 1, 1982; prior code § 7.80.010)

A. No owner, manager, proprietor or other person shall maintain, in any place of business to which the public is invited, the display for sale or the offering to sell of any narcotic and/or drug paraphernalia, unless within a separate room or enclosure to which minors not accompanied by a parent of the minor or legal guardian of the minor are excluded.

B. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic and/or drug paraphernalia are being offered for sale in such a room, and minors, unless accompanied by their parent or their legal guardian, are prohibited. (Prior code § 7.80.020)

A. No owner, manager, proprietor, or other person in charge of any room in any place of business which sells or displays for the purpose of sale any narcotic and/or drug paraphernalia shall allow or permit any minor to be, remain in, enter, or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.

B. Unless accompanied by one of his or her parents or his or her legal guardian, a minor shall not be, remain in, enter, or visit any room in any place used for the sale or display for sale of any narcotic and/or drug paraphernalia. (Prior code § 7.80.030)

Any person who owns, manages, operates or otherwise is in charge of or engaged in the sale of any narcotic and/ or drug paraphernalia shall keep a record of all sales of such paraphernalia. Such record shall contain the name and address of the person making the purchase and shall contain a description of the item(s) purchased. Such records shall be available for inspection by a police officer during the regular operating hours of the establishment. Records compiled pursuant to this section shall be retained at the business location for one year by said owner, manager, operator or proprietor. (Ord. 2724 § 2, 1982)

A. In addition to any other remedy provided by law, including the penalty provisions of this title, the selling, exhibition for sale, or display for sale of narcotic and/or drug paraphernalia in any place of business from which minors are not excluded pursuant to this chapter is declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the state.

B. This remedy is in addition to any other remedy by law, including the penalty provisions applicable for violation of the provisions of this chapter. (Prior code § 7.80.050)